ETATHIL CHANDU KUTTI Vs. VIAYATHEN MAHADEVI

JUDGEMENT

(1.) Second appeal from the judgment of the Subordinate Judge, Calicut, in A.S. No. 81 of 1923, from O.S. No. 581 of 1920, Additional District Munsif, Calicut.

(2.) The appellant is a sub-lessee in Malabar holding under a kanomdar. The first respondent, plaintiff, has sued to redeem the kanom, and has obtained a decree. Appellant and the kanomdar are disputing as to who is entitled to the compensation for the improvements which admittedly exist. The District Munsif ordered that the amount in dispute between defendants 1 to 8 and 12 will be paid by plaintiff and kept in Court deposit to be paid out to whoever establishes his title. The Subordinate Judge finds that this direction is obviously right. The plaintiff has accordingly paid the amount in Court. The 12 defendant appeals on the ground that under Madras Act I of 1900 he cannot be ejected from possession until the compensation for his improvements has been ascertained and paid to his credit. The plaintiff contends that, so long as he has deposited the value of the improvements into Court, he has conformed to the Act, and the 12 defendant may be left to fight out his claim for compensation with defendants 1 to 8 after ejectment. The determination of this question is the sole point raised in this second appeal.

(3.) Section 5(1), Act I, 1900, lays clown that every tenant shall on ejectment be entitled to compensation for improvements and every tenant to whom compensation is so due shall, notwithstanding the determination of the tenancy or the payment or tender of the mortgage money (if any), be entitled to remain in possession until ejectment in execution of a decree or order of Court. Then Section 6(1) provides: In a suit for ejectment instituted against a tenant in which the plaintiff succeeds and the defendant establishes a claim for compensation due under Section 5 for improvements, the Court shall ascertain the amount of the compensation and shall pass a decree declaring the amount so found due and ordering that on payment by the plaintiff into Court of the amount so found due and also the mortgage money (if any) the defendant shall put the plaintiff into possession of the land with the improvements thereon.